Full Text of SB0927 100th General Assembly
SB0927 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0927 Introduced 2/7/2017, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-102 | from Ch. 110, par. 9-102 | 765 ILCS 160/1-30 | |
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Amends the Common Interest Community Association Act. Provides that the board shall have the power, after notice and an opportunity to be heard, to (i) place a lien upon the owner's residence in the event the owner has amassed an unpaid assessment totaling $500 or more; and (ii) to begin foreclosure proceedings on property upon which a lien has attached once the owner has amassed an unpaid assessment of $1,000 or more. Provides that nothing in the new provisions prevents the board from levying and collecting fines. Makes a corresponding change in the Code of Civil Procedure.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-102 as follows:
| 6 | | (735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
| 7 | | Sec. 9-102. When action may be maintained.
| 8 | | (a) The person entitled to the possession of lands or | 9 | | tenements may be
restored thereto under any of the following | 10 | | circumstances:
| 11 | | (1) When a forcible entry is made thereon.
| 12 | | (2) When a peaceable entry is made and the possession | 13 | | unlawfully withheld.
| 14 | | (3) When entry is made into vacant or unoccupied lands | 15 | | or
tenements without right or title.
| 16 | | (4) When any lessee of the lands or tenements, or any | 17 | | person
holding under such lessee, holds possession without | 18 | | right after the
termination of the lease or tenancy by its | 19 | | own limitation, condition
or terms, or by notice to quit or | 20 | | otherwise.
| 21 | | (5) When a vendee having obtained possession under a | 22 | | written or
verbal agreement to purchase lands or tenements, | 23 | | and having failed to
comply with the agreement, withholds |
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| 1 | | possession thereof, after demand in
writing by the person | 2 | | entitled to such possession; provided, however,
that any | 3 | | such agreement for residential real estate as defined in | 4 | | the
Illinois Mortgage Foreclosure Law entered into on or | 5 | | after July 1, 1987 where
the purchase price is to be paid | 6 | | in installments over a period in excess of 5
years and the | 7 | | amount unpaid under the terms of the contract at the time | 8 | | of
the filing of a foreclosure complaint under Article XV, | 9 | | including principal
and due and unpaid interest, is less | 10 | | than 80% of the original purchase price
shall be foreclosed | 11 | | under the Illinois Mortgage Foreclosure Law.
| 12 | | This amendatory Act of 1993 is declarative of existing | 13 | | law.
| 14 | | (6) When lands or tenements have been conveyed by any | 15 | | grantor in
possession, or sold under the order or judgment | 16 | | of any court in this State, or
by virtue of any sale in any | 17 | | mortgage or deed of trust contained and the
grantor in | 18 | | possession or party to such order or judgment or to such | 19 | | mortgage or
deed of trust, after the expiration of the time | 20 | | of redemption, when redemption
is allowed by law, refuses | 21 | | or neglects to surrender possession thereof, after
demand | 22 | | in writing by the person entitled thereto, or his or her | 23 | | agent.
| 24 | | (7) When any property is subject to the provisions of | 25 | | the Condominium
Property Act, the owner of a unit fails or | 26 | | refuses to pay when due his or
her proportionate share of |
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| 1 | | the common expenses of such property, or of any
other | 2 | | expenses lawfully agreed upon or any unpaid fine, the Board | 3 | | of
Managers or its agents have served the demand set forth | 4 | | in Section 9-104.1
of this Article in the manner provided | 5 | | for in that Section and the unit
owner has failed to pay | 6 | | the amount claimed within the time prescribed in
the | 7 | | demand; or if the lessor-owner of a unit fails to comply | 8 | | with the leasing
requirements prescribed by subsection (n) | 9 | | of Section 18 of the Condominium
Property Act or by
the
| 10 | | declaration, by-laws, and rules and regulations of the | 11 | | condominium, or if a
lessee of an owner is in breach of any | 12 | | covenants, rules, regulations, or
by-laws of the | 13 | | condominium, and the Board of Managers or its agents have | 14 | | served
the demand set forth in Section 9-104.2 of this | 15 | | Article in the manner provided
in that Section.
| 16 | | (8) When : (i) any property is subject to the provisions | 17 | | of a declaration
establishing a common interest community | 18 | | and requiring the unit owner to
pay regular or special | 19 | | assessments for the maintenance or repair of common
areas | 20 | | owned in common by all of the owners of the common interest | 21 | | community
or by the community association and maintained | 22 | | for the use of the unit
owners or of any other expenses of | 23 | | the association lawfully agreed upon ; (ii) ,
and the unit | 24 | | owner fails or refuses to pay when due his or her
| 25 | | proportionate share of such assessments or expenses ; (iii) | 26 | | a lien has attached under subsection (k) of Section 1-30 of |
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| 1 | | the Common Interest Community Association Act; (iv) the | 2 | | owner has accumulated unpaid assessments exceeding $1,000; | 3 | | (v) and the board or its
agents have served the demand set | 4 | | forth in Section 9-104.1 of this Article
in the manner | 5 | | provided for in that Section ; and (vi) the unit owner has | 6 | | failed to
pay the amount claimed within the time prescribed | 7 | | in the demand.
| 8 | | (b) The provisions of paragraph (8) of subsection (a) of | 9 | | Section 9-102
and Section 9-104.3 of this Act shall not apply | 10 | | to any common interest
community unless (1) the association is | 11 | | a not-for-profit corporation or a limited liability company, | 12 | | (2)
unit owners are authorized to attend meetings of the board | 13 | | of directors or
board of managers of the association in the | 14 | | same manner as provided for
condominiums under the Condominium | 15 | | Property Act, and (3) the board of
managers or board of | 16 | | directors of the common interest community association
has, | 17 | | subsequent to the effective date of this amendatory Act of 1984 | 18 | | voted
to have the provisions of this Article apply to such | 19 | | association and has
delivered or mailed notice of such action | 20 | | to the unit owners or unless the
declaration of the association | 21 | | is recorded after the effective date of this
amendatory Act of | 22 | | 1985.
| 23 | | (c) For purposes of this Article:
| 24 | | (1) "Common interest community" means real estate | 25 | | other than a
condominium or cooperative with respect to | 26 | | which any person by virtue of
his or her ownership of a |
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| 1 | | partial interest or unit therein is obligated to
pay for | 2 | | maintenance, improvement, insurance premiums, or real | 3 | | estate taxes
of other real estate described in a | 4 | | declaration which is administered by
an association.
| 5 | | (2) "Declaration" means any duly recorded instruments, | 6 | | however
designated, that have created a common interest | 7 | | community and any duly
recorded amendments to those | 8 | | instruments.
| 9 | | (3) "Unit" means a physical portion of the common | 10 | | interest community
designated by separate ownership or | 11 | | occupancy by boundaries which are
described in a | 12 | | declaration.
| 13 | | (4) "Unit owners' association" or "association" means | 14 | | the association
of all owners of units in the common | 15 | | interest community acting pursuant to
the declaration.
| 16 | | (d) If the board of a common interest community elects to | 17 | | have the
provisions of this Article apply to such association | 18 | | or the declaration of
the association is recorded after the | 19 | | effective date of this amendatory Act
of 1985, the provisions | 20 | | of subsections (c) through (h) of Section 18.5 of
the | 21 | | Condominium Property Act applicable to a Master Association and
| 22 | | condominium unit subject to such association under subsections | 23 | | (c) through
(h) of Section 18.5 shall be applicable to the | 24 | | community associations and
to its unit owners.
| 25 | | (Source: P.A. 99-41, eff. 7-14-15.)
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| 1 | | Section 10. The Common Interest Community Association Act | 2 | | is amended by changing Section 1-30 as follows: | 3 | | (765 ILCS 160/1-30)
| 4 | | Sec. 1-30. Board duties and obligations; records. | 5 | | (a) The board shall meet at least 4 times annually. | 6 | | (b) A common interest community association may not enter | 7 | | into a contract with a current board member, or with a | 8 | | corporation, limited liability company, or partnership in | 9 | | which a board member or a member of his or her immediate family | 10 | | has 25% or more interest, unless notice of intent to enter into | 11 | | the contract is given to members within 20 days after a | 12 | | decision is made to enter into the contract and the members are | 13 | | afforded an opportunity by filing a petition, signed by 20% of | 14 | | the membership, for an election to approve or disapprove the | 15 | | contract; such petition shall be filed within 20 days after | 16 | | such notice and such election shall be held within 30 days | 17 | | after filing the petition. For purposes of this subsection, a | 18 | | board member's immediate family means the board member's | 19 | | spouse, parents, siblings, and children. | 20 | | (c) The bylaws or operating agreement shall provide for the | 21 | | maintenance, repair, and replacement of the common areas and | 22 | | payments therefor, including the method of approving payment | 23 | | vouchers. | 24 | | (d) (Blank). | 25 | | (e) The association may engage the services of a manager or |
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| 1 | | management company. | 2 | | (f) The association shall have one class of membership | 3 | | unless the declaration, bylaws, or operating agreement provide | 4 | | otherwise; however, this subsection (f) shall not be construed | 5 | | to limit the operation of subsection (c) of Section 1-20 of | 6 | | this Act. | 7 | | (g) The board shall have the power, after notice and an | 8 | | opportunity to be heard, to levy and collect reasonable fines | 9 | | from members or unit owners for violations of the declaration, | 10 | | bylaws, operating agreement, and rules and regulations of the | 11 | | common interest community association. | 12 | | (h) Other than attorney's fees and court or arbitration | 13 | | costs, no fees pertaining to the collection of a member's or | 14 | | unit owner's financial obligation to the association, | 15 | | including fees charged by a manager or managing agent, shall be | 16 | | added to and deemed a part of a member's or unit owner's | 17 | | respective share of the common expenses unless: (i) the | 18 | | managing agent fees relate to the costs to collect common | 19 | | expenses for the association; (ii) the fees are set forth in a | 20 | | contract between the managing agent and the association; and | 21 | | (iii) the authority to add the management fees to a member's or | 22 | | unit owner's respective share of the common expenses is | 23 | | specifically stated in the declaration, bylaws, or operating | 24 | | agreement of the association. | 25 | | (i) Board records. | 26 | | (1) The board shall maintain the following records of |
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| 1 | | the association and make them available for examination and | 2 | | copying at convenient hours of weekdays by any member or | 3 | | unit owner in a common interest community subject to the | 4 | | authority of the board, their mortgagees, and their duly | 5 | | authorized agents or attorneys: | 6 | | (i) Copies of the recorded declaration, other | 7 | | community instruments, other duly recorded covenants | 8 | | and bylaws and any amendments, articles of | 9 | | incorporation, articles of organization, annual | 10 | | reports, and any rules and regulations adopted by the | 11 | | board shall be available. Prior to the organization of | 12 | | the board, the developer shall maintain and make | 13 | | available the records set forth in this paragraph (i) | 14 | | for examination and copying. | 15 | | (ii) Detailed and accurate records in | 16 | | chronological order of the receipts and expenditures | 17 | | affecting the common areas, specifying and itemizing | 18 | | the maintenance and repair expenses of the common areas | 19 | | and any other expenses incurred, and copies of all | 20 | | contracts, leases, or other agreements entered into by | 21 | | the board shall be maintained. | 22 | | (iii) The minutes of all meetings of the board | 23 | | which shall be maintained for not less than 7 years. | 24 | | (iv) With a written statement of a proper purpose, | 25 | | ballots and proxies related thereto, if any, for any | 26 | | election held for the board and for any other matters |
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| 1 | | voted on by the members, which shall be maintained for | 2 | | not less than one year. | 3 | | (v) With a written statement of a proper purpose, | 4 | | such other records of the board as are available for | 5 | | inspection by members of a not-for-profit corporation | 6 | | pursuant to Section 107.75 of the General Not For | 7 | | Profit Corporation Act of 1986 shall be maintained. | 8 | | (vi) With respect to units owned by a land trust, a | 9 | | living trust, or other legal entity, the trustee, | 10 | | officer, or manager of the entity may designate, in | 11 | | writing, a person to cast votes on behalf of the member | 12 | | or unit owner and a designation shall remain in effect | 13 | | until a subsequent document is filed with the | 14 | | association. | 15 | | (2) Where a request for records under this subsection | 16 | | is made in writing to the board or its agent, failure to | 17 | | provide the requested record or to respond within 30 days | 18 | | shall be deemed a denial by the board. | 19 | | (3) A reasonable fee may be charged by the board for | 20 | | the cost of retrieving and copying records properly | 21 | | requested. | 22 | | (4) If the board fails to provide records properly | 23 | | requested under paragraph (1) of this subsection (i) within | 24 | | the time period provided in that paragraph (1), the member | 25 | | may seek appropriate relief and shall be entitled to an | 26 | | award of reasonable attorney's fees and costs if the member |
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| 1 | | prevails and the court finds that such failure is due to | 2 | | the acts or omissions of the board of managers or the board | 3 | | of directors. | 4 | | (j) The board shall have standing and capacity to act in a | 5 | | representative capacity in relation to matters involving the | 6 | | common areas or more than one unit, on behalf of the members or | 7 | | unit owners as their interests may appear. | 8 | | (k) The board shall have the power, after notice and an | 9 | | opportunity to be heard, to place a lien upon the owner's | 10 | | residence in the event the owner has amassed an unpaid | 11 | | assessment totaling $500 or more. | 12 | | (l) The board shall have the power, after notice and an | 13 | | opportunity to be heard, to begin foreclosure proceedings on | 14 | | property upon which a lien under subsection (k) of this Section | 15 | | has attached once the owner has amassed an unpaid assessment of | 16 | | $1,000 or more. Nothing in this Section prevents the board from | 17 | | levying and collecting fines as outlined in subsection (g) of | 18 | | this Section.
| 19 | | (Source: P.A. 98-232, eff. 1-1-14; 98-241, eff. 8-9-13; 98-756, | 20 | | eff. 7-16-14; 99-41, eff. 7-14-15.)
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